2424005 (Refugee)

[2024] AATA 4250

2424005 (Refugee) [2024] AATA 4250 (1 October 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  2424005

COUNTRY OF REFERENCE:                   Vietnam

MEMBER:Gregory Hanson

DATE:1 October 2024

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 01 October 2024 at 9:42am

CATCHWORDS

REFUGEE – protection visa – Vietnam – review application out of time – no jurisdiction

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, r 4.31

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Home Affairs on 30 May 2024 to refuse to grant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act). The review application was lodged with the Tribunal on 20 July 2024. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. As the applicant was not in immigration detention on the day the applicant was notified of the decision, an application for review of the decision had to be made within 28 days, commencing on that day: r 4.31(2) of the Migration Regulations 1994 (Cth).

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 30 May 2024 and dispatched by post. The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. By correspondence dated 26 July 2024, the Tribunal wrote to the applicant seeking his comments on whether his review application lodged with the Tribunal was validly made despite it having been provided to the Tribunal after the statutory period had lapsed.

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 11 June 2024 and the prescribed period to apply for review ended on 8 July 2024.

6. As the application for review was not received by the Tribunal until 20 July 2024 the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   Gregory Hanson
   Member